Civil Rights Groups Oppose Pratter Nomination
Feature Story by Angela Okamura - 2/14/2008
Continuing his determination to nominate controversial judges with unfavorable records concerning civil rights, President Bush has asked the Senate to confirm Judge Gene Pratter, his nominee to the Court of Appeals in the Third Circuit.
Civil rights groups are concerned about Judge Pratter's seemingly dismissive and even hostile attitude to the rights of the disabled and those claiming discrimination in employment. A number of civil rights groups have opposed his nomination, including the Pennsylvania NAACP, the National Employment Lawyers' Association, the Leadership Conference on Civil Rights (LCCR), and several disability rights groups.
LCCR highlighted several of Judge Pratter's troubling decisions in several cases – three of which were overturned by the Third Circuit -- in a recent letter to the Senate Judiciary Committee.
In one such case, Phillips v. Sheraton Society Hill, Judge Pratter dismissed a case in which an unrepresented disabled man had claimed discrimination under the Americans with Disabilities Act. Pratter determined that because the man had failed to demonstrate that he had exhausted every administrative possibility before coming to court, he was not entitled to a case. Contrary to circuit precedent, Pratter did not allow him to amend his complaint to demonstrate that he did indeed exhaust administrative remedies.
The Third Circuit reversed the decision, stating that it was "troubled" by the harsh judgment.
In a statement opposing Judge Pratter's nomination, the National Council on Independent Living, ADA Watch/National Coalition for Disability Rights, and the Bazelon Center for Mental Health raised serious concerns about Pratter's rulings, which they state suggest a dismissive attitude regarding disability rights.
"We are extremely concerned," the letter states, "about the prospect of elevating a federal judge who seems to have a disparaging attitude toward important rights of individuals with disabilities…These rulings demonstrate a willingness to dismiss claims to enforce critical rights of individuals with disabilities based on procedural concerns that are simply not warranted."
Other cases involving employment discrimination stain Pratter's short but dense record as a trial judge. LCCR's letter, signed by Wade Henderson, president and CEO and Nancy Zirkin, executive vice president, states that: "enforcement of our civil rights laws requires that plaintiffs be given a full and fair opportunity to present their claims. Judge Pratter's record raises serious doubts as to whether she will protect these plaintiffs' access to a fair process."
Judge Pratter is the latest in a long line of Bush nominees civil rights groups have opposed. Last fall, Judge Leslie Southwick was narrowly confirmed in October 2007, despite the fact that LCCR and many other civil rights organizations opposed him based on his disturbing record on civil rights.
A hearing on Judge Pratter is expected in the Senate Judiciary Committee within the next month.
